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92_HB0829ham001
LRB9206321DJmgam02
1 AMENDMENT TO HOUSE BILL 829
2 AMENDMENT NO. . Amend House Bill 829 by replacing
3 the title with the following:
4 "AN ACT concerning courts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Circuit Courts Act is amended by
8 changing Section 2 as follows:
9 (705 ILCS 35/2) (from Ch. 37, par. 72.2)
10 Sec. 2. Circuit judges; election; oath. Circuit judges
11 shall be elected at the general elections and for terms as
12 provided in Article VI of the Illinois Constitution.
13 Ninety-four circuit judges shall be elected in the Circuit of
14 Cook County and 3 circuit judges shall be elected in each of
15 the other circuits, but in circuits other than Cook County
16 containing a population of 230,000 or more inhabitants and in
17 which there is included a county containing a population of
18 200,000 or more inhabitants, or in circuits other than Cook
19 County containing a population of 270,000 or more
20 inhabitants, according to the last preceding federal census
21 and in the circuit where the seat of State government is
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1 situated at the time fixed by law for the nomination of
2 judges of the Circuit Court in such circuit and in any
3 circuit which meets the requirements set out in Section 2a of
4 this Act, 4 circuit judges shall be elected in the manner
5 provided by law. In circuits other than Cook County in which
6 each county in the circuit has a population of 475,000 or
7 more, 4 circuit judges shall be elected in addition to the 4
8 circuit judges provided for in this Section. In any circuit
9 composed of 2 counties having a total population of 350,000
10 or more, one circuit judge shall be elected in addition to
11 the 4 circuit judges provided for in this Section. The
12 several judges of the circuit courts of this State, before
13 entering upon the duties of their office, shall take and
14 subscribe the following oath or affirmation, which shall be
15 filed in the office of the Secretary of State:
16 "I do solemnly swear (or affirm, as the case may be) that
17 I will support the constitution of the United States, and the
18 constitution of the State of Illinois, and that I will
19 faithfully discharge the duties of judge of.... court,
20 according to the best of my ability."
21 One of the 3 additional circuit judgeships authorized by
22 this amendatory Act in circuits other than Cook County in
23 which each county in the circuit has a population of 475,000
24 or more may be filled when this Act becomes law. The 2
25 remaining circuit judgeships in such circuits shall not be
26 filled until on or after July 1, 1977.
27 (Source: P.A. 86-786; 86-1478.)
28 Section 10. The Judicial Vacancies Act is amended by
29 changing Section 2 as follows:
30 (705 ILCS 40/2) (from Ch. 37, par. 72.42)
31 Sec. 2. Vacancies in office of judge.
32 (a) Except as provided in paragraphs (1), (2), (3) and
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1 (4) of this subsection (a), vacancies in the office of a
2 resident circuit judge in any county or in any unit or
3 subcircuit of any circuit shall not be filled.
4 (1) If in any county of less than 45,000
5 inhabitants there remains in office no other resident
6 judge following the occurrence of a vacancy, such vacancy
7 shall be filled.
8 (2) If in any county of 45,000 or more but less
9 than 60,000 inhabitants there remains in office only one
10 resident judge following the occurrence of a vacancy,
11 such vacancy shall be filled.
12 (3) If in any county of 60,000 or more inhabitants,
13 other than the County of Cook, there remain in office no
14 more than 2 resident judges following the occurrence of a
15 vacancy, such vacancy shall be filled.
16 (4) The County of Cook shall have 165 resident
17 judges on and after the effective date of this amendatory
18 Act of 1990. Of those resident judgeships, (i) 56 shall
19 be those authorized before the effective date of this
20 amendatory Act of 1990 from the unit of the Circuit of
21 Cook County within Chicago, (ii) 27 shall be those
22 authorized before the effective date of this amendatory
23 Act of 1990 from the unit of the Circuit of Cook County
24 outside Chicago, (iii) 12 shall be additional resident
25 judgeships first elected at the general election in
26 November of 1992, (iv) 10 shall be additional resident
27 judgeships first elected at the general election in
28 November of 1994, and (v) 60 shall be additional resident
29 judgeships to be authorized one each for each reduction
30 upon vacancy in the office of associate judge in the
31 Circuit of Cook County as those vacancies exist or occur
32 on and after the effective date of this amendatory Act of
33 1990 and as those vacancies are determined under
34 subsection (b) of Section 2 of the Associate Judges Act
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1 until the total resident judgeships authorized under this
2 item (v) is 60. Seven of the 12 additional resident
3 judgeships provided in item (iii) may be filled by
4 appointment by the Supreme Court during the period
5 beginning on the effective date of this amendatory Act of
6 1990 and ending 60 days before the primary election in
7 March of 1992; those judicial appointees shall serve
8 until the first Monday in December of 1992. Five of the
9 12 additional resident judgeships provided in item (iii)
10 may be filled by appointment by the Supreme Court during
11 the period beginning July 1, 1991 and ending 60 days
12 before the primary election in March of 1992; those
13 judicial appointees shall serve until the first Monday in
14 December of 1992. Five of the 10 additional resident
15 judgeships provided in item (iv) may be filled by
16 appointment by the Supreme Court during the period
17 beginning July 1, 1992 and ending 60 days before the
18 primary election in March of 1994; those judicial
19 appointees shall serve until the first Monday in December
20 of 1994. The remaining 5 of the 10 additional resident
21 judgeships provided in item (iv) may be filled by
22 appointment by the Supreme Court during the period
23 beginning July 1, 1993 and ending 60 days before the
24 primary election in March of 1994; those judicial
25 appointees shall serve until the first Monday in December
26 1994. The additional resident judgeships created upon
27 vacancy in the office of associate judge provided in item
28 (v) may be filled by appointment by the Supreme Court
29 beginning on the effective date of this amendatory Act of
30 1990; but no additional resident judgeships created upon
31 vacancy in the office of associate judge provided in item
32 (v) shall be filled during the 59 day period before the
33 next primary election to nominate judges. The Circuit of
34 Cook County shall be divided into units to be known as
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1 subcircuits as provided in Section 2f of the Circuit
2 Courts Act. A vacancy in the office of resident judge of
3 the Circuit of Cook County existing on or occurring on or
4 after the effective date of this amendatory Act of 1990,
5 but before the date the subcircuits are created by law,
6 shall be filled by appointment by the Supreme Court from
7 the unit within Chicago or the unit outside Chicago, as
8 the case may be, in which the vacancy occurs and filled
9 by election from the subcircuit to which it is allotted
10 under Section 2f of the Circuit Courts Act. A vacancy in
11 the office of resident judge of the Circuit of Cook
12 County existing on or occurring on or after the date the
13 subcircuits are created by law shall be filled by
14 appointment by the Supreme Court and by election from the
15 subcircuit to which it is allotted under Section 2f of
16 the Circuit Courts Act.
17 (b) Nothing in paragraphs (2) or (3) of subsection (a)
18 of this Section shall be construed to require or permit in
19 any county a greater number of resident judges than there
20 were resident associate judges on January 1, 1967.
21 (c) Vacancies authorized to be filled by this Section 2
22 shall be filled in the manner provided in Article VI of the
23 Constitution.
24 (d) A person appointed to fill a vacancy in the office
25 of circuit judge shall be, at the time of appointment, a
26 resident of the subcircuit from which the person whose
27 vacancy is being filled was elected if the vacancy occurred
28 in Cook County. If a vacancy in the office of circuit judge
29 occurred in a circuit other than Cook County, a person
30 appointed to fill the vacancy shall be, at the time of
31 appointment, a resident of the circuit from which the person
32 whose vacancy is being filled was elected. If a vacancy
33 occurred in the office of a resident circuit judge, a person
34 appointed to fill the vacancy shall be, at the time of
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1 appointment, a resident of the county from which the person
2 whose vacancy is being filled was elected.
3 (Source: P.A. 90-342, eff. 8-8-97.)
4 Section 15. The Associate Judges Act is amended by
5 changing Section 2 as follows:
6 (705 ILCS 45/2) (from Ch. 37, par. 160.2)
7 Sec. 2. Number of associate judges.
8 (a) The maximum number of associate judges authorized
9 for each circuit is one for each 35,000 or fraction thereof
10 in population as determined by the last preceding Federal
11 census, except for circuits with a population of more than
12 3,000,000 where the maximum number of associate judges is one
13 for each 29,000 or fraction thereof in population as
14 determined by the last preceding federal census, reduced in
15 circuits of less than 200,000 inhabitants by the number of
16 resident circuit judges elected in the circuit in excess of
17 one per county. In addition, in circuits of 1,000,000 or
18 more inhabitants, there shall be one additional associate
19 judge authorized for each municipal district of the circuit
20 court. The number of associate judges to be appointed in each
21 circuit, not to exceed the maximum authorized, shall be
22 determined from time to time by the Circuit Court. The
23 minimum number of associate judges authorized for any circuit
24 consisting of a single county shall be 14. The minimum
25 number of associate judges authorized for any circuit
26 consisting of 2 counties with a combined population of at
27 least 275,000 but less than 300,000 shall be 10. The minimum
28 number of associate judges authorized for any circuit with a
29 population of at least 303,000 but not more than 309,000
30 shall be 10. The minimum number of associate judges
31 authorized for any circuit with a population of at least
32 329,000, but not more than 335,000 shall be 11. The minimum
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1 number of associate judges authorized for any circuit with a
2 population of at least 173,000 but not more than 177,000
3 shall be 5. As used in this Section, the term "resident
4 circuit judge" has the meaning given it in the Judicial
5 Vacancies Act.
6 (b) The maximum number of associate judges authorized
7 under subsection (a) for a circuit with a population of more
8 than 3,000,000 shall be reduced as provided in this
9 subsection (b). For each vacancy that exists on or occurs on
10 or after the effective date of this amendatory Act of 1990,
11 that maximum number shall be reduced by one until the total
12 number of associate judges authorized under subsection (a) is
13 reduced by 60. A vacancy exists or occurs when an associate
14 judge dies, resigns, retires, is removed, or is not
15 reappointed upon expiration of his or her term; a vacancy
16 does not exist or occur at the expiration of a term if the
17 associate judge is reappointed.
18 (Source: P.A. 86-786; 86-1478; 87-145; 87-435; 87-1073;
19 87-1230; 87-1261.)".